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Moscow Juridical Journal

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No 3 (2011)
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14-19 83
Abstract
The article proves that the Roman lawyers
formula Jus est ars boni et aequi may be used as the
basis for the integrative theory of law. The Ancient philosophy
and jurisprudence interpret justice as equality
reached through legal procedures on the basis of law
or nature (natural law). But the law which is the result of
justice is not limited to justice. It is good that completes
and corrects the law. This understanding of the law includes
the following basic components: law, equality,
justice and morality.
 
20-25 87
Abstract
The article deals with the issues of implementation
of the USSR policy of liquidating the kulaks
as a class. The process of forming of a special category
of the repressed population - special migrants- has
been monitored. The author points out the basic elements
of special migration (spetspereseleniye) mechanism
of the repressed peasants (confi scation of property,
forced deportation from the places of residence,
moving to new locations in remote regions of the USSR)
and examines the legal regulation of the kulaks special
migration.
 
26-34 71
Abstract
This article aims at description and preliminary
assessment of the changes that are made to the
procedure of appeal, cassation, supervising, as well as
newly discovered evidence review of judgments in civil
cases by the Federal Law of 09.12.2010 № 353-FZ On
Amendments to Civil Procedure Code of the Russian
Federation». The author undertakes this study through
the prism of historical and legal analysis to consider the
equal procedures from historical and modern perspectives.
Key words appeal, cassation, supervising, analysis
and evaluation of changes in legislation.
 
35-43 128
Abstract
The article gives linguo-legal analysis of the
problems arising in diagnosing harm caused to honor,
dignity and business reputation. The current norms of
the institute of personal non-material welfare protection
were analyzed, the trends of decriminalization of some
criminal law norms dealing with private accusation were
determined and some solutions to the problem were
suggested. The article covers the legal norms of the
subjects of the Russian Federation concerning personal
non-material welfare protection of the deputies of representative
bodies. The author describes new methods
of diagnosing calumny based on comparing the social
coordinates of individuals good name with its nomination
in a communication situation.
 
44-50 80
Abstract
Article is devoted to the concept and forms
of wrongful conduct, as part of tort. On studying the legal
literature, the authors arrived at the conclusion that
the legal obligations are established under such forms
of the law infl uence on subjects conduct as prohibitions
and regulations. Obviously, the analysis of duties, violation
of which could lead to illegal behavior assessment,
must take into account the specifi cs of these forms.
Based on the materials of judicial practice the authors
isolated a number of criteria used by courts in classifying
the act as wrongful. Summarizing their work, the
authors emphasize that the problem of qualifying the
unlawful conduct is a complex and multidimensional
one and therefore it requires a special study and development
of the verifi ed civil law rules that would allow of
greater clarity in defi ning the content of this important
element of civil offense.
 
51-56 167
Abstract
It's diffi cult to over-estimate the importance
of the cost because of intensive development of market
relations in the modern world. At the same time there is
a lack of research on this question both in science and
legislation. The absence of the cost legal notion presents
a great hindrance to normal functioning of market
relations. Though there are many works dedicated to
economic research of the cost, but the cost as a legal
category has not been investigated yet. The author of
the article makes an attempt to consider the cost as a
law category.
 
57-60 106
Abstract
This article considers the issues of legal
regulation of debt transfer in civil matters. It is shown that
ambiguous situations may occur in putting into practice
some civil legislation norms of debt transfer. The article
discusses the rationale and the object of debt transfer,
especially its subject composition. Considering that the
identity of a new debtor is of great importance at debt
transferring the author especially focuses on legal matters
of creditors consent.
 
61-67 153
Abstract
The article considers the key defi nitions of
the Russian Federation national security and analyses
the ways and methods of its guarantee. The contents
of soft and rigid safety concepts are examined in application
to the conditions of the Russian Federation.
The author pays close attention to the study of the role
of civil society and its institutions in providing national
security
 
68-73 75
Abstract
This article describes various approaches
to understanding smuggling as a criminal act. Historical
examples are employed to show the dependence of
smuggling on certain political and economic situation.
The author reviews the Soviet experience of dealing
with smuggling and states the modern attitude of Russian
legislation towards the problem. The article also
mentions about different criminal law solutions advocated
by some ex-soviet republics. In conclusion the author
describes newly proposed drafts that can change offi cial
understanding of the crime under discussion.
 
74-78 65
Abstract
The article tackles the main causes of
ineffi ciency to counteract hostile takeovers during the
period from 2002 to 2009. On the basis of the comparative
analysis of the legal acts «On Bankruptcy» of
1998 and 2002, the author arrives at the conclusion that
the latest act considerably hindered those enterprise
takeovers which were based on the most widespread
schemes. However, instead of continuing the struggle
by legislative means, the «stake» was made on public
and state anti-raider organizations. In such a situation,
businessmen were left alone to face the raiders possessing
greater administrative, fi nancial and intellectual
resources.
 
79-84 58
Abstract
The article is devoted to the concept of collective
authority. The author analyzed the legislative and
doctrinal attitudes to the issue and presented a variety
of positions. The role of collective authorities is increasing
under the conditions of social liberalization and democratization,
as well as complication of economic and
technological processes. The author focuses his attention
on the competence of the collective authority and
the formation of juridical persons will in taking decisions.
The features of the collective authority were considered.
The conclusion was made about the possibility and necessity
of legal regulation of juridical persons activity,
viewing collective authority in particular.


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ISSN 2949-5091 (Print)
ISSN 2949-513X (Online)